Last UpdatedFRI., JULY 22, 2016 - 1:54 PM
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Asylum seeker from Indiana wins reprieve

A Chinese national living in Indiana persuaded the 7th Circuit Court of Appeals he was wrongly denied asylum for his claim that he was severely beaten and left hospitalized for months after he vocally opposed state agents enforcing the country’s one-child policy.More.

Pence's candidacy could prevent Illinois man's pardon

Gov. Mike Pence's spot on Donald Trump's presidential ticket may jeopardize a wrongfully convicted man's pardon request in Indiana.More.

Man’s ineffective assistance of counsel claim fails

Jennifer Nelson
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.More.

COA admonishes prosecutor’s misconduct, doesn’t reverse conviction

Dave Stafford
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.More.

In This Issue

JULY 13-26, 2016
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Indiana University Maurer School of Law professor Charles Geyh recently was awarded a prestigious Andrew Carnegie Fellows Program grant, which will enable him to write a book about judicial selection. Geyh is believed to be the first IU Maurer professor to receive the grant. A lawyer facing a disciplinary action has invoked the Americans with Disabilities Act in his defense. A Chinese national seeking aslyum in Indiana has won a reprieve in the 7th Circuit Court of Appeals.

Top Stories

Asylum seeker from Indiana wins reprieve

A Chinese national living in Indiana persuaded the 7th Circuit Court of Appeals he was wrongly denied asylum for his claim that he was severely beaten and left hospitalized for months after he vocally opposed state agents enforcing the country’s one-child policy.More.

Award enables IU Maurer’s Geyh to serve alternative to debate over judicial selection

Charles Geyh has been chosen as one of just 33 professors from universities from around the country for the prestigious 2016 Andrew Carnegie Fellows Program. He is believed to be the first from IU Maurer to receive the recognition.More.

Program helps ex-offenders steer clear of jail

Pilot project in Marion County Reentry Court seeks to lift driver’s license suspensions.More.

Lawyer invokes ADA in discipline case after crime

A northeastern Indiana lawyer who allegedly “terrified” a woman who rejected his romantic advances contends in his resulting attorney discipline case that he had an undiagnosed mental illness. Because of that, he argues that an Indiana Supreme Court sanction against his license to practice law would violate the Americans with Disabilities Act.More.

State's parenthood laws ruled unconstitutional

Indiana’s married lesbian parents win the right to be listed on their child’s birth certificate.More.

‘Unprecedented’ law blocked, Planned Parenthood takes aim again

After a federal judge on June 30 blocked a restrictive new Indiana abortion law from taking effect, Planned Parenthood of Indiana and Kentucky and the American Civil Liberties Union of Indiana vowed to take aim at other recent enactments that might infringe on the constitutional right. A week later, a fresh federal lawsuit targeted another Indiana abortion law passed this year.More.

Abortion bill author got unregistered PAC contribution, highlighting gaps in reporting

The author of an Indiana anti-abortion law struck down by a federal judge hours before it could take effect July 1 received a primary-eve campaign contribution whose source remains confused. It’s also unclear whether regulators will investigate.More.

IU Maurer's Center for IP Research seeks promising clients for clinic

Launched in January 2015, the intellectual property clinic is part of the law school’s Center for Intellectual Property Research. It has offered pro bono legal services to more than 80 inventors, entrepreneurs and small businesses with roughly half the work related to patents.More.

A new way to test law school applicants

Indiana law school deans say they would be open to accepting someone’s Graduate Record Examination score in place of the Law School Admission Test, though most said they would need more research to prove the GRE is a valid predictor of law school success.More.

Focus

Worker health, company headache

New EEOC regulations add to the milieu of rules governing company wellness programs.More.

Schocke: The future of the Indiana Medical Malpractice Act

With the advent of the new medical malpractice caps, what will be the effect on the volume of malpractice claims? Moreover, will the cap alterations sufficiently protect the act from constitutional challenges?

More.

Larimore and Riddle: FDA loses a First Amendment challenge

Mary Nold Larimore and Nancy Menard Riddle recap exciting developments in drug and device law.More.

Opinion

Inside the Criminal Case: The exclusionary rule is on a losing streak

The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.More.

BGBC: Avoiding potential pitfalls of payroll service providers

If you’re an attorney who provides advice to small businesses, it’s not uncommon for a new (or existing) business owner to ask your advice on which payroll service provider to use.More.

Living Fit: Sharon’s top 5 for getting and staying in shape

People from all walks of life transform their health and bodies with one common denominator — they are consistent with the positive changes they make.More.

DTCI: Recovery of workers’ comp liens in third-party actions

An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher since many attorneys tend to overlook this important aspect when seeking to settle their liability cases.More.

Hammerle on... 'Free State of Jones,' 'The Legend of Tarzan'

Bob Hammerle says don't be misled about "The Legend of Tarzan" by critics with a bad attitude.More.

In Brief

Judge grants e-liquid maker temporary restraining order in vaping case

One scorned e-liquid manufacturer will get a short reprieve from Indiana’s new vaping laws, which effectively shut many players out of the market when the laws took effect Friday.More.

Builder, trade groups sue Greenwood over new design standards

An Indianapolis-based home builder and two trade associations have filed a lawsuit against Greenwood, claiming the city has adopted architectural standards on new houses that will drive up prices so significantly that the costs would preclude home ownership for thousands of residents.More.

Indiana Supreme Court takes dispute between ESPN and Notre Dame

The Indiana Supreme Court will decide whether the police records of University of Notre Dame Police Department are subject to the state’s Access to Public Records Act. The justices accepted transfer to the dispute between ESPN and Notre Dame last week.More.

Special Sections

Indiana Court Decisions - June 22-July 5, 2016

Read recent appellate court decisions.More.

On The Move

Lawyers on the Move

Read who's recently joined an Indiana firm, joined a board or honored for their work.More.

Disciplinary Actions

Disciplinary Actions - 7/13/16

Read who's recently been suspended by the Indiana Supreme Court.More.

Bar Associations

Moberly: The Association’s Crystal Ball: Shaping Our Next Strategic Plan

One of the many reasons the Indianapolis Bar Association has served the needs of attorneys very well for 138 years has been that its future is targeted and planned by a cross-section of our legal community.More.

IndyBar Frontlines - 7/13/16

Read news from around the IndyBar.More.

IndyBar: Antoinette Dakin Leach Award Nominations Due July 25

To recognize the accomplishments of female attorneys in central Indiana, the IndyBar’s Women & the Law Division presents the Antoinette Dakin Leach Award.More.

IndyBar: Legal Community to ‘Stock the Schools’ for Teachers’ Treasures

Cleaning out your closet never felt so good! Bring your lightly-used or no longer needed office supplies like folders, notepads, pens, art supplies and more to Monument Circle on July 20 and you’ll not only clear out your own clutter—you’ll help teachers working hard to educate our local schoolchildren.More.

IndyBar: Nominations Now Open for 2016 Professionalism Awards

Professionalism—it’s a trait that sets apart one stellar attorney or judge from another. Now is your chance to honor this invaluable quality in your Indy colleagues.More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice

Tug-of-war

A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.

More.

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.

Motor vehicle accident: Noblesville collision
Patricia Acker and Peter Acker v. Keyna Sanders  More

 

Motor vehicle accident: rear-end collision
Dannis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower More

 

Americans with Disabilities Act discrimination
Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township More

 

 

More Trial Reports

Blogs

How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.
 


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Opinions July 22, 2016

Indiana Court of Appeals
Santiago Valdez v. State of Indiana

18A02-1509-CR-1514
Criminal. Affirms conviction of Class B felony attempted rape and Class C felony criminal confinement. While a prosecutor’s hint during closing arguments that defense counsel improperly influenced an expert witness constituted prosecutorial misconduct, the trial court’s prompt admonishment prevented Valdez from being placed into grave peril. The trial court made no evidentiary errors. Admonishes Delaware County deputy prosecutor Eric Hoffman regarding ‘wild, baseless accusations of misconduct’ hurled at defense counsel.More.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/